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Bablu Kulmi vs The State Of Madhya Pradesh on 21 December, 2018

Cr.A. No.9614/18 1

HIGH COURT OF MADHYA PRADESH
Cr.A. No.9614/2018
(Bablu vs. State of MP)
Indore: Dated:- 21/12/2018:-
Shri Amit Bhatia, learned counsel for the appellant.
Shri Pankaj Wadhwani, learned Public Prosecutor for
the respondent/State.

Heard on the question of admission.

Admit. Record of the trial Court be requisitioned.
Also heard on I.A. No.8979/2018, an application under
Section 389(1) Cr.P.C. for suspension of custodial sentence
on behalf of appellant Bablu Kulmi.

The appellant has been convicted for offence under
Section 354 IPC and has been sentenced to 1 year RI with
fine of Rs.500/-.

Learned counsel for the appellant submits that the
learned trial Court has recorded the conviction without
properly appreciating the evidence on record and that
material omissions, contradictions and anomalies present in
the prosecution evidence have been overlooked. It is also
submitted that the appellant was on bail during trial and the
liberty so granted was not misused by him. It is further
submitted that the appeal is likely to take sufficiently long
time in its final disposal and if the sentence is not suspended
then, it shall be rendered infructuous.

Learned Public Prosecutor has opposed the prayer.
Considering the evidence available on record and other
Cr.A. No.9614/18 2

facts and circumstances of the case, I.A. No. 8979/18 is
allowed. It is directed that on deposition of fine amount and
also on furnishing personal bond of Rs.25,000/- (Rupees
Twenty Five Thousand Only) with one solvent surety in the
like amount to the satisfaction of the trial Court for his
appearance before this Court/Registry on 06.09.2019 and on
all other subsequent dates, as may be fixed by the Registry in
this behalf, the execution of substantial jail sentence imposed
on the appellant shall remain suspended, till final disposal of
this appeal.

A copy of this order be sent to Court concerned for
compliance.

List for final hearing in due course.

(Virender Singh)
Judge
soumya

Soum Digitally signed by
Soumya Ranjan Dalai
DN: cIN, oHigh Court
of Madhya Pradesh,

ya ouAdministration,
postalCode452001,
stMadhya Pradesh,

Ranjan
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Dalai
cnSoumya Ranjan Dalai
Date: 2018.12.21
16:58:06 +05’30’

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